USMAN Vs. THE STATE OF BIHAR AND ORS.

JUDGEMENT

(1.) The respondents herein stood charged with the offences punishable under Ss. 302/34 and 120B of the Indian Penal Code in Sessions Trial No. 181 of 2004. One co -accused, Kedar Paswan, was also put on trial for the offences punishable under Ss. 302 of the Indian Penal Code read with Sec. 27 of the Arms Act, 1959, Whereas the said Kedar Paswan came to be finally convicted and sentenced to imprisonment for life by the judgment and order, dated 20.7.2013/26.7.2013, passed by the learned 1st Additional Sessions Judge, Madhepura, the private respondents have been acquitted of the charge of criminal conspiracy by giving them benefit of doubt. The appellant is the informant and elder brother of the husband of the deceased. He is aggrieved by the judgment and order, under appeal, to the extent of acquittal of the present private respondents has been recorded.

(2.) It is the case of the appellant that the learned trial Court failed to appreciate the evidence adduced, at the trial, which was to establish that the private respondents herein had hatched the conspiracy, which finally resulted into killing of the deceased.

(3.) Learned counsel, appearing on behalf of the appellant, Mr. Radhey Shyam Prasad, has argued, referring to the materials on record, that the learned trial Court got influenced by such reasoning, which were irrelevant in a criminal trial. He has submitted that there were eye -witnesses also, who had deposed, at the trial, showing involvement of the private respondents as conspirators.